EHM [2017] NSWCATGD 4

EHM [2017] NSWCATGD 4

Mrs EHM remains a person in need of a guardian due to dementia of the Alzheimer's disease type impairing her ability to make lifestyle and financial decisions. It is in her best interests to continue the guardianship order, with Mr NBM and Mr FZM appointed as joint guardians for accommodation, services, health care, and consents, and the Public Guardian for access and overseas relocation. Financial management order remains with NSW Trustee and Guardian to ensure continuity during finalisation of property sale and investigation of accounts; shifting management at this stage would likely cause delays and possible financial penalties. No review of the enduring power of attorney is warranted...

Parties
Person Under Guardianship and Financial Management: Mrs EHM; Attorney (pursuant to Power of Attorney): Ms OBM; Attorney (pursuant to Power of Attorney): Mr DFU; Applicant for Review; Appointed Guardian: Mr NBM; Applicant for Review; Appointed Guardian: Mr FZM; Appointed Guardian: The NSW Public Guardian; Financial Manager: The NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
22 February 2017
Procedural Posture
Guardianship and Financial Management / Power of Attorney Review / Statutory Review of Previous Orders and Review Application
Outcome
Guardianship and financial management orders renewed/confirmed and varied; applications for review of enduring power of attorney dismissed; detailed orders made regarding guardianship functions and future review.
Legal Topics
Guardianship Order Review, Appointment of Guardian, Financial Management Order, Power of Attorney Review, Best Interests of the Person, Family Conflict in Guardianship, Sale of Protected Person's Property
Guardianship Law Elder Law Civil Law Guardianship Order Review Appointment of Guardian Financial Management Order Power of Attorney Review Best Interests of the Person +2 more

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Parties

Mrs EHM

Person Under Guardianship and Financial Management

Ms OBM

Attorney (pursuant to Power of Attorney)

Mr DFU

Attorney (pursuant to Power of Attorney)

Mr NBM

Applicant for Review; Appointed Guardian

Mr FZM

Applicant for Review; Appointed Guardian

The NSW Public Guardian

Appointed Guardian

The NSW Trustee and Guardian

Financial Manager

Procedural Posture

Guardianship and Financial Management / Power of Attorney Review / Statutory Review of Previous Orders and Review Application

Legal Issues

  1. 1 Whether Mrs EHM remains a person in need of a guardian due to disability preventing management of her person
  2. 2 What guardianship arrangements are in Mrs EHM's best interests and who should be appointed as guardian
  3. 3 Whether financial management order should be confirmed, revoked, or varied and appropriate manager appointed

Ratio Decidendi

Mrs EHM remains a person in need of a guardian due to dementia of the Alzheimer's disease type impairing her ability to make lifestyle and financial decisions. It is in her best interests to continue the guardianship order, with Mr NBM and Mr FZM appointed as joint guardians for accommodation, services, health care, and consents, and the Public Guardian for access and overseas relocation. Financial management order remains with NSW Trustee and Guardian to ensure continuity during finalisation of property sale and investigation of accounts; shifting management at this stage would likely cause delays and possible financial penalties. No review of the enduring power of attorney is warranted...

Court Disposition

Guardianship and financial management orders renewed/confirmed and varied; applications for review of enduring power of attorney dismissed; detailed orders made regarding guardianship functions and future review.

Orders

  • Guardianship order of 4 January 2017 renewed and varied: guardianship continued for 12 months; Public Guardian appointed for access and relocation; Mr NBM and Mr FZM appointed for accommodation, health care, services, medical/dental consent.
  • Guardianship order is limited to custody as necessary for carrying out these functions.